By A J van der Walt

ISBN-10: 1841139637

ISBN-13: 9781841139630

Having its origins within the strategy of transformation and land reform that started to take form in South Africa on the finish of the final century, this strikingly unique research of estate begins from deep contained in the estate regime. concentrating on problems with balance and alter in a transformative environment, and at the function of culture and criminal tradition in that context, the booklet argues estate regime, together with the approach of estate holdings and the principles and practices that entrench and defend them, has a tendency to insulate itself opposed to swap throughout the safety- and stability-seeking tendency of culture and criminal tradition, together with the deep assumptions approximately safeguard and balance embedded within the rights paradigm, rhetoric, and good judgment that dominate present felony tradition. The rights paradigm has a tendency to stabilize the present distribution of estate holdings through securing extant estate holdings at the assumption that they're lawfully bought, socially very important, and politically and morally valid. This functionality of the rights paradigm has a tendency to withstand or reduce switch, together with swap caused through morally, politically, and legally valid reform efforts. The booklet gauges the lasting strength of the rights paradigm in South Africa by means of investigating its results within the margins of estate legislations, and of society, via constructing the particular efficacy and gear of reformist or transformative anti-eviction guidelines and laws aimed toward the safety of marginalized and vulnerable land clients and occupiers. It explores the potential for beginning up theoretical area the place justice-inspired adjustments to the extant estate regime should be imagined and mentioned from an strange standpoint, a viewpoint from the margins that is necessary for any theoretical attention or dialogue of estate. This e-book could be of curiosity to students and practitioners of homeland matters.

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23 Property interests, the social and economic distribution of property and the social and political power associated with property occupy a significant 21 On South African constitutional meta-narratives see P de Vos, ‘A Bridge too Far? ’ (2005) 20 SAPL 155–66. 22 The questions raised here also involve issues about legal certainty, legitimacy and foundation that are discussed in subsequent chapters. 23 I am using the term ‘property regime’ in roughly the same sense as Eduardo M Peñalver, ‘Reconstructing Richard Epstein’ (2006) 15 William & Mary Bill of Rights J 429–37 at 434: ‘[in contrast to a specific government practice or policy] a regime is an entire complex of interlocking practices that constitute the permissible operations of the state’.

50) a day during 1994–2004. unicef. html (accessed 25 January 2008). This means that the income share of the richest 10% in South Africa was 65 times that of the poorest 10%: South Africa Human Development Report (2003) 284. In 1998 black people owned only 2% of economic wealth: South Africa Human Development Report (2003) 72. During 1994–98 white South Africans’ Human Development Index (HDI) was on par with that of Canada or Israel, while the HDI for black South Africans compared to that of the citizens of Swaziland: South Africa Human Development Report (2003) 94.

14 This realisation was reflected relatively early even in legal literature about property; see eg TW Bennett et al (eds), Land Ownership—Changing Concepts (1986) (also published as 1985 Acta Juridica), with a range of contributions on changing legal concepts of ownership and the effects of apartheid politics on landownership; A Sachs, Protecting Human Rights in a New South Africa (1990) (ch 9 at 104–38 deals with ‘Rights to the Land’); CR Cross and RJ Haines (eds), Towards Freehold: Options for Land and Development in South Africa’s Black Rural Areas (1988) (papers, mainly from economists and development specialists, many of whom spell out the effects of apartheid politics and economics on the development of the black rural areas); as well as articles by G Budlender and J Latsky, T Marcus, Z Skweyiya and M Robertson in a special section, entitled ‘Debating the Land Issue’, of (1990) 6 SAJHR 155–227.

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Property in the Margins by A J van der Walt


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